Smith v. Heineman
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. J. J. Banks. Samuel Heineman and Marcus Heineman, as partners under the firm name of Heineman Brothers, brought this action against Joseph S. Smith, late sheriff of Jefferson county, and the sureties on his official bond as such sheriff. The suit was commenced on March 31, 1892. The complaint was for a breach of the official bond of tlie sheriff, and contained two counts.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. J. J. Banks. Samuel Heineman and Marcus Heineman, as partners under the firm name of Heineman Brothers, brought this action against Joseph S. Smith, late sheriff of Jefferson county, and the sureties on his official bond as such sheriff. The suit was commenced on March 31, 1892. The complaint was for a breach of the official bond of tlie sheriff, and contained two counts. The averment of the first count was that on the 12th day of January, 1891, an attachment in favor of the plaintiffs and against Nat. Stanley, W. T. Johnson…
1Opinion of the CourtBrickell, C. J.
This is an action in which the appellees were plaintiffs, against the appellant Smith, as sheriff of Jefferson county, and the sureties on his official bond. The complaint contains two counts. In the first, the breach assigned is, that on the 12th day of January, 1891, an attachment in favor of plaintiffs against certain persons as partners under the name of Stanley & Co., was placed in the hands of the sheriff, and that on January 14th, he levied the same upon certain described personal property. That plaintiffs obtained judgment in the attachment suit June 5th, 1891, and condemnation of the…
2Cases cited16 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
- Kennon v. Western Union Telegraph Co.Supreme Court of Alabama · 1890
- Wilson v. StrobachSupreme Court of Alabama · 1877
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3Cited by9 opinions
- JC Jacobs Banking Co. v. CampbellSupreme Court of Alabama · 1981
- Penry v. DozierSupreme Court of Alabama · 1909
- Tharp v. JohnsonSupreme Court of Alabama · 1929
- Clear Creek, Inc. v. Royal American Corp. (In Re International Resorts, Inc.)District Court, N.D. Alabama · 1984
- Ehlers v. GallagherNebraska Supreme Court · 1946
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